Article I: Concerning the Qualities of Matrimonial Consent

26. • I. In order that it be sufficient for valid matrimony, matrimonial consent must be: true and internal, free, mutual and simultaneous, concerning the present, externally manifested.

a) True and internal: namely, it is necessary that the will of the contracting parties sincerely intend to undertake the matrimonial obligations.

b) Free: i.e., immune from error, force, and grave fear, and offered with sufficient knowledge and deliberation.

c) Mutual and simultaneous: since matrimony is a bilateral contract, from its very nature it requires the consent of both persons about to marry. There is also required, as in civil contracts, at least the moral simultaneity of each consent.

d) Concerning the present: for consent concerning the future effects betrothal, not a matrimonial contract.

e) Externally manifested: for who can conceive a merely internal bilateral contract?

Any external and certain manifestation of consent suffices for validity. But the Church commands that words be employed.

"The spouses are to express matrimonial consent by words; nor is it lawful for them to employ equivalent signs, if they can speak." (Can. 1088 § 2.)

27. • II) Matrimony by an interpreter.

"Matrimony can also be contracted by an interpreter." (Can. 1090.)

For liceity alone there is required a just cause and, if time allows, the license of the Ordinary. Moreover it is necessary that in no way should it be lawful to doubt the trustworthiness of the interpreter. (Can. 1091.)

28. • III) Matrimony by a procurator.

Both validly, and licitly from a just cause, matrimony can be contracted by a procurator. This is clear from can. 1088 § 1 and can. 1089.

For the validity of matrimony of this kind there is required:

a) A special mandate to contract with a certain person (from natural law), signed by the mandator and either by the pastor or the Ordinary of the place in which the mandate is made, or by a priest delegated by either of them, or by at least two witnesses.

If the mandator does not know how to write, or is not able to write, this is to be noted in the mandate itself, and another witness is to be added who also signs the writing. Otherwise the mandate is void. All these things are from ecclesiastical law.

b) That the mandator, before matrimony has been contracted in his name, has not revoked the mandate, or fallen into insanity, even though this was unknown to the procurator or to the other party. (From natural law.)

c) That the procurator himself personally fulfill the office. (Can. 1089.) (From ecclesiastical law.)

For liceity the law prescribes:

a) That diocesan statutes perhaps existing concerning this matter be observed.

b) That a just cause be present.

c) That, if time allows, the license of the Ordinary of the place be had.

d) That the pastor should always be certain concerning the authenticity of the mandate. (Can. 1089 § 1. - Can. 1091.)

29. • IV) Matrimony by letters.

It is altogether invalid, from ecclesiastical law, since the law decrees: "For matrimony to be contracted validly, it is necessary that the contracting parties be present, either personally or by procurator." (Can. 1088 § 1.)